Mohammedan Marriageand Divorce Registration

CAP. 155

LAWS OF KENYA

MOHAMMEDAN MARRIAGE ANDDIVORCE REGISTRATION ACT

CHAPTER 155

Revised Edition 2012 [2010]

Published by the National Council for Law Reportingwith the Authority of the Attorney-General

www.kenyalaw.org

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CHAPTER 155

MOHAMMEDAN MARRIAGE AND DIVORCE REGISTRATION ACTARRANGEMENT OF SECTIONS

Section1. Short title.2. Interpretation.3. Appointment of Registrar.4. Deleted.5. Seal.6. Supply of seals and books.7. Registers to be kept.8. Entries to be numbered.9. Registration of marriages and divorces.

10. Method of application for registration.11. Duties of assistant registrar on application.12. Fees payable for registration.13. Signatures to entries.14. Copies of entry to be given to parties.15. Index to be kept.16. Copies of register and index to be sent to Registrar.17. Custody of registers.18. Inspection of registers and provision of copies.19. Superintendence of Registrar.20. Refusal to register.21. Appeal from refusal.22. Correction of entries.23. Rules.24. Saving.25. Offences.26. Application.

SCHEDULE -

FIRST SCHEDULE –

FORM OF REGISTER OF MARRIAGESSECOND SCHEDULE –

FORM OF REGISTER OF DIVORCES

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CHAPTER 155

MOHAMMEDAN MARRIAGE AND DIVORCE REGISTRATION ACT[Date of commencement: 8th June, 1906.]

An Act to provide for the registration of Mohammedan marriages anddivorces

[Act No. 13 of 1906, Cap. 147 (1948), Act No. 15 of 1961, L.N. 519/1961, L.N.520/1961, L.N. 462/1963, L.N. 2/1964, Act No. 21 of 1966, Act No. 14 of 1972.]

1. Short titleThis Act may be cited as the Mohammedan Marriage and Divorce Registration

Act.

2. InterpretationIn this Act—

“assistant registrar” means an assistant registrar of Mohammedanmarriages and divorces appointed under section 4 of this Act;

“purdah-nisheen” means a woman who according to the custom of thecountry might reasonably object to appear in a public office;

“Registrar” means the Registrar of Mohammedan Marriages and Divorcesappointed under section 3 of this Act.

[Act No. 15 of 1961, Sch.]

3. Appointment of RegistrarThe Minister shall appoint a Registrar of Mohammedan Marriages and Divorces.

[Act No. 15 of 1961, Sch., L.N. 519/1961, Sch.]

4. Deleted by Act No. 14 of 1972, Ninth Sch.[Act No. 15 of 1961, Sch., L.N. 519/1961, Sch., L.N. 462/1963, Sch., Act No. 21 of 1966, Sch.,

Act No. 14 of 1972, Ninth Sch.]

5. SealThe Registrar and every assistant registrar shall use a seal bearing such

inscription as the Minister may authorize.[Act No. 15 of 1961, Sch., L.N. 519/1961, Sch.]

6. Supply of seals and booksThe Registrar shall supply for the office of each assistant registrar the seal and

books necessary for the purposes of this Act, and the pages of such books shallbe consecutively numbered in print, and the number of pages in each book shallbe certified on the title page thereof by the Registrar.

[Act No. 15 of 1961, Sch.]

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7. Registers to be keptEvery assistant registrar shall keep the following registers—

(a) a register of marriages in the form in the First Schedule to this Act; and

(b) a register of divorces in the form in the Second Schedule to this Act.[Act No. 15 of 1961, Sch.]

8. Entries to be numberedAll entries in each register prescribed by this Act shall be numbered in a

consecutive series, which shall commence and terminate with each year; a freshseries being commenced at the beginning of each year.

9. Registration of marriages and divorcesThe parties to a marriage or divorce recognized by Mohammedan law, or if

the man or the woman or both are minors their respective lawful guardians, shallregister such marriage or divorce with an assistant registrar within seven days fromthe celebration of such marriage or the pronouncement of such divorce, as thecase may be.

[Act No. 15 of 1961, Sch.]

10. Method of application for registrationEvery application for registration under this Act shall be made to the assistant

registrar orally as follows—(a) if the application is for the registration of a marriage, by the parties to

the marriage jointly:

Provided that if the man or the woman or both are minors applicationshall be made on their behalf by their respective lawful guardians andif the woman is a purdah-nisheen such application may be made onher behalf by her duly authorized agent;

(b) if the application is for registration of a divorce, by the parties to thedivorce jointly:

Provided that if the woman is a purdah-nisheen such application maybe made on her behalf by her duly authorized agent.

[Act No. 15 of 1961, Sch.]

11. Duties of assistant Registrar on application(1) On application being made to an assistant registrar for registration under

this Act of a marriage or divorce, the assistant registrar shall—(a) satisfy himself whether or not such marriage or divorce was effected

by the person or persons by whom it is represented to have beeneffected;

(b) satisfy himself as to the identity of the persons appearing before himand alleging that the marriage or divorce has been effected;

(c) in the case of any person appearing as the representative of the manor woman (whether he appears as guardian or agent), satisfy himselfof the right of such person to appear.

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(2) If the assistant registrar is satisfied on the above points and not otherwise,he shall make an entry of the marriage or divorce in the proper register:

Provided that no such entry shall be made otherwise than in the presence ofevery person who by section 13 of this Act is required to sign such entry.

[Act No. 15 of 1961, Sch.]

12. Fees payable for registrationThere shall be payable to the assistant registrar in respect of every registration

of a marriage and in respect of every registration of a divorce such sum as theMinister may prescribe.

[Act No. 15 of 1961, Sch., L.N. 520/1961, Sch.]

13. Signatures to entriesEvery entry in a register kept under this Act shall be signed as follows—

(a) if the entry is of a marriage—

(i) by the parties to the marriage or, if either or both of them areminors, by their lawful guardians respectively:

Provided that if the woman is a purdah-nisheen the entry maybe signed by her duly authorized agent;

(ii) by two witnesses who were present at the marriage ceremony;(iii) in cases in which the woman is represented by an agent, by

two witnesses to the fact of the agent being duly authorized torepresent her; and

(iv) by the assistant registrar;(b) if the entry is of a divorce—

(i) by the parties to the divorce:Provided that if the woman is a purdah-nisheen the entry may be signed

on her behalf by her duly authorized agent;(ii) by the person who identifies the man;(iii) by the person who identifies the woman;(iv) in cases where the woman is represented by an agent, by two

witnesses to the fact of the agent having been duly authorizedto represent her; and

(v) by the assistant registrar.[Act No. 15 of 1961, Sch.]

14. Copies of entry to be given to partiesOn completion of the registration of any marriage or divorce, the assistant

registrar shall deliver free of any charge to each of the applicants for registrationan attested copy of the entry.

[Act No. 15 of 1961, Sch.]

15. Index to be kept(1) Each assistant registrar shall prepare a current index of the contents of the

register of marriages, and the register of divorces and every entry in such indexshall be made, so far as practicable, immediately after the assistant registrar hasmade an entry in any such register.

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(2) The index shall contain the name, place of residence and father’s name ofeach party to every marriage or divorce and the date of registration; and it shall alsocontain such other particulars and shall be prepared in such form as the Ministermay direct.

[Act No. 15 of 1961, Sch., L.N. 520/1961, Sch]

16. Copies of register and index to be sent to RegistrarEvery assistant registrar shall at the expiration of every month send to the

Registrar certified copies of all entries made by him during the month in the registerof marriages and in the register of divorces, and also of all entries made in thecurrent index in accordance with section 15 of this Act, and the Registrar shall onreceiving such copies file them in his office, and shall prepare alphabetical indexesof the marriages and divorces registered.

[Act No. 15 of 1961, Sch.]

17. Custody of registersEvery assistant registrar shall keep safely each register until the same is filled,

and shall then, or earlier if he ceases to act as assistant registrar in the district orfor the sect or community prescribed by his appointment, make over the same tothe Registrar for safe custody.

[Act No. 15 of 1961, Sch.]

18. Inspection of registers and provisions of copies(1) Any register or index or the copy of any entries in a register or index made

and certified in accordance with section 16 of this Act, whether in the custody ofan assistant registrar or the Registrar, shall, on payment of the prescribed fee, beopen to inspection by any person applying to inspect the same.

(2) An assistant registrar or the Registrar, as the case may be, shall, on paymentof the prescribed fee, furnish a copy of any entry made in any register or index inhis custody or in any certified copy of the entries in any register or index made inaccordance with section 16 of this Act and in his custody; and such copy shall besigned and sealed by the person making the same.

(a) The fee payable for the inspection of any register or index shall besuch sum as the Minister may prescribe.

(b) The fee payable for a copy of any entry in a register or index otherthan the first copy referred to in section 14 of this Act shall be suchsum as the Minister may prescribe.

[Act No. 15 of 1961, Sch., L.N. 520/1961, Sch.]

19. Superintendence of RegistrarThe Registrar shall exercise a general superintendence and control over all

assistant registrars appointed under this Act.[Act No. 15 of 1961, Sch.]

20. Refusal to registerAny assistant registrar refusing to register a marriage or divorce shall make an

order of refusal and record his reasons for such order in a book to be kept for thatpurpose.

[Act No. 15 of 1961, Sch.]

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21. Appeal from refusalAn appeal shall lie against the order of an assistant registrar refusing to register

a marriage or divorce to the Registrar if made within twenty-one days from thedate of the order, and the Registrar may reverse or alter such order, and the orderpassed by the Registrar on appeal shall be final.

[Act No. 15 of 1961, Sch.]

22. Correction of entries(1) An assistant registrar or the Registrar may correct any error in any register

or index.(2) Correction shall be made without erasing the original entry, and shall be

authenticated by the signature of the person making the same.[Act No. 15 of 1961, Sch.]

23. Rules(1) The Minister may make rules with regard to the following matters and

generally for carrying into effect the provisions of this Act—(a) for regulating the attendance of assistant registrars at the celebration

of marriages, and their remuneration for such attendance;

(b) for regulating the grant of copies by assistant registrars and theRegistrar;

(c) prescribing the amount of any fee, where a fee is authorized by thisAct;

(d) for regulating the application of the fees levied under this Act.[Act No. 15 of 1961, Sch., L.N. 520/1961, Sch.,L.N. 462/1963, Sch., Act No. 21 of 1966, Sch.]

24. SavingNothing in this Act contained shall be construed to—

(a) render invalid, merely by reason of its not having been registered, anyMohammedan marriage or divorce which would otherwise be valid;

(b) render valid, by reason of its having been registered, anyMohammedan marriage or divorce which would otherwise be invalid;

(c) authorize the attendance of any assistant registrar at the celebrationof a marriage except at the request of all the parties concerned;

(d) affect the religion or religious rites and usages of any person subjectto this Act;

(e) prevent any person who is unable to write from putting his markinstead of the signature required by this Act.

[Act No. 15 of 1961, Sch.]

25. OffencesAny person who being under an obligation to register a marriage or divorce

under this Act fails to do so within the prescribed period, or refuses to state any

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of the prescribed particulars, or wilfully gives any false information or particularsfor the purpose of registration, shall be guilty of an offence and liable to a fine notexceeding three thousand shillings or to imprisonment not exceeding six months,or to both such fine and such imprisonment.

26. ApplicationThe Minister may, by notice in the Gazette, apply this Act to any area or to any

tribe, sect or community within any area, and may by such notice fix the day onwhich the Act shall commence and take effect in such area or with regard to suchtribe sect or community.

[L.N. 519/1961, Sch.]

FIRST SCHEDULE[Section 7(a).]

FORM OF REGISTER OF MARRIAGES(1) Consecutive number.(2) Names of the bridegroom and his father with their respective addresses.(3) Names of the bride and her father with their respective addresses.(4) Whether the bride is a spinster, widow or divorced from a former husband,

and whether she is adult or otherwise.(5) Name of the guardian of the bridegroom (if the bridegroom is a minor) and

that of the guardian’s father, the guardian’s address and the relationship in whichhe stands to the bridegroom.

(6) Name of the guardian of the bride (if she is a minor) and that of his father,the guardian’s address and the relationship in which he stands to the bride.

(7) The name of the bride’s agent (if any) and of his father and their addressesand the relationship in which the said agent stands to the bride.

(8) Names of the witnesses to the due authorization of the bride’s agent (ifany), with names of their fathers, their addresses and the relationship in which theystand to the bride.

(9) Date on which the marriage was contracted (English style and accordingto the Mohammedan calendar).

(10) Amount of dower and method of payment.(11) Specification of property (if any) given in lieu of dower.(12) Name of place and district where the marriage took place.(13) Name of the person in whose house the marriage ceremony took place

and that of his father.(14) Date of registration (English style).

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SECOND SCHEDULE[Section 7(b).]

FORM OF REGISTER OF DIVORCES(1) Consecutive number.(2) Names of the husband and of his father and their addresses.(3) Names of the wife and of her father and their addresses.(4) Date of divorce (English style and according to the Mohammedan calendar).(5) Description of divorce.(6) Manner in which divorce was effected.(7) Name of the place and district in which the divorce took place.(8) Name of the party in whose house the divorce took place and of his father.(9) Names of witnesses to the divorce, if any, the names of their fathers and

their respective addresses.(10) Name of person identifying the husband before the assistant Registrar and

that of his father and their addresses.(11) Name of the person identifying the wife before the assistant Registrar and

that of his father and their addresses and the relationship (if any) of such personto the wife.

(12) Date of registration (English style).

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CHAPTER 155

MOHAMMEDAN MARRIAGE ANDDIVORCE REGISTRATION ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Page1. Mohammedan Marriage and Divorce Registration RulesM20 – 152. Application of Act under Section 26M20 – 17

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[Cap. 147(1948), Sub. Leg.]

1. These Rules may be cited as the Mohammedan Marriage and Divorce Registration Rules.

2. The following fees shall be levied throughout the area to which the Act has been applied—

3. In the event of the contracting parties desiring the presence of an assistant registrar atthe celebration of the marriage, the assistant registrar shall attend on being given sufficientnotice thereof, and shall be entitled to receive and retain the customary remuneration (Ada).

4. On payment of the fee prescribed, any person shall be entitled to receive a certified copyof any entry in a register or index.

5. An assistant registrar of Mohammedan Marriages and Divorces may, if he is not aperson receiving a salary from the Government, retain for his own use any fees which he isauthorized to levy and collect under the said Act.

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[Cap. 147(1948), Sub. Leg.]

The Act applies to all Mohammedans in Kenya excepting those Mohammedans of thefollowing Shiah Communities—

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